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STATE OF HAWAII
DEPARTMENT OF LAND AND NATURLA RESOURCES
Division of Conservation and Resources Enforcement

 

MARIJUANA ERADICATION

Marijuana cultivation, sale, and abuse are still recognized as national problems. . The State of Hawaii is known worldwide for producing top quality marijuana and national figures consistently ranks Hawaii as one of our nations top five states in marijuana cultivation.

DLNR became actively involved in eradication for a number of reasons:

Safety/welfare of forest users like hunters, hikers, DLNR employees, researchers and flower gatherers is a priority for our Department. Hostile encounters and booby traps along with a variety of other criminal acts have been associated with the illegal cultivation of marijuana on State land.

Cultivation has the potential of destroying native habitat due to the introduction of herbicides, clear cutting, fertilizers, pesticides, rodenticide, alien species, and trash. This in turn has a direct negative impact on our fragile natural resources and disrupts sensitive wildlife species.

Large tracks of State land are being used for marijuana cultivation. Since much of this land is under the jurisdiction of DLNR, we have the primary responsibility to eradicate these plants.

It has been estimated that approximately 75% of all marijuana eradicated in Hawaii was found on DLNR land. More plants could and would be eradicated if adequate funding were available.

Unlike county efforts that deal primarily with private lands, the State cannot expect to recoup expenses via asset forfeitures unless more emphasis is placed in stakeouts. Stakeouts however, are manpower intensive and less productive (in terms of number of plants eradicated) than herbicidal eradication. DLNR along with our Law Enforcement counterparts continue to seek ways to target individual growers in order to prevent them from making a profit and to bring them before the criminal justice system for prosecution.

Even though large a number of plants are eradicated during each mission, replanting occurs almost immediately afterward. As long as there are individuals who engage in substance abuse and that there are large profits to be realized from the sale of marijuana, growers will continue to plant. If we are prohibited from eradicating these plants due to lack of funding, there is no other way to prevent the cultivation and ultimate distribution of this problem throughout our state.

If marijuana growth is not contained to State Lands, an even greater demand will be placed on our criminal justice system as more marijuana and related criminal activities find their way on to the streets.

DLNR is the lead agency for eradication missions that occur on lands under the control of the Department. These missions are restricted to unpopulated, undeveloped tracks of land like forest reserves, state parks, watersheds and unencumbered lands.

Prior to 1986, the main thrust of action against cultivation was manual eradication. In 1986, DLNR initiated a series of eradication operations, which involved the aerial spraying of plots with herbicide. DLNR personnel developed a spray rig, which allowed for the spot application of a chemical agent directly over specific plants. This method proved to be more efficient than manual eradication efforts resulting in a dramatic increase in the number of plants eradicated

The only time that aircraft under our control over fly residential areas is when our aircraft transition from one area to another. During these transition flights our helicopters usually maintain or exceed 500 feet above ground level, 200 feet higher that the 300-foot requirement established by the FAA for flight over congested areas. Since the bulk of our work is in remote isolated areas, flights over residential areas are at a minimum. This altitude is important since it adds to our observer and pilot’s ability to survive a crash resulting from an engine failure.

The following information is submitted to you to help clarify DLNR's Marijuana Eradication Program's flight operations and minimum restrictions:

In addition to commercial licenses and certifications, pilots approved to fly for the Division of Conservation and Resources Enforcement (DOCARE) are required to pass a proficiency evaluation that exceeds all other requirements necessary for a commercial helicopter license. This evaluation requires that pilots demonstrate their flying skills while the aircraft is actually in flight. Unlike other pilots, our pilots are subject to drug and alcohol testing and continuous criminal background checks.

Each helicopter is inspected and certified by the Federal Government.

Pilots must fly in compliance with all FAA minimum requirements for helicopters and DLNR has a spotter on each helicopter to ensure compliance.

DOCARE receives helicopter noise complaints even when we are not flying and when we know that other law enforcement agencies are not flying. DEA, Police, FAA and other agencies also receives these same complaints. We have asked for, but have never received, photographs, video or any other evidence that aircraft under our control are hovering or flying low over residences.

Commercial aircraft used by DOCARE for marijuana eradication have individual identifying numbers permanently fixed to the mast or tail boom 10 to 12 inches high, painted in a color that is contrasting to the overall color of the aircraft. Noise complaint callers have never been able to identify any aircraft in their complaints by make, model, color, or the conspicuous identification numbers found on all of our aircraft. These same callers have not been able to describe the occupants, or identify how many individuals are on board these low flying, hovering noise-producing aircraft. DOCARE has investigated noise complaints whenever afforded an opportunity to do so, however, most callers remain anonymous and refuse to give us any additional information.

Other helicopters not associated with us and for a variety of reasons, fly over the same areas from where we receive noise complaints.

Aircraft approved for our missions are required to have a radar altimeter in addition to the standard pressure altimeter. Simply put, this means that at any time during flight, our pilots and our DLNR Observer knows exactly how high they are above the ground.

DOCARE's minimum helicopter flight distance from roads, structures, and inhabited dwellings is 1,000 feet.

Low, slow flight only occurs over public land plots that contain marijuana or evidence of other illegal activities such as the construction of an illegal structure, roads or the clear cutting of vegetation. It is not uncommon for enforcement officers or land managers to observe for the first time, illegal activities that would have otherwise gone on undetected without the aid of our marijuana eradication flights.

Helicopter operations associated with marijuana surveillance and eradication also affords DLNR with the only opportunity to over fly and evaluate large tracks of otherwise inaccessible land. Issues and concerns relating to hunting areas, injured and missing persons, watersheds, forest reserves and other DLNR related areas of jurisdiction have been discovered and addressed during marijuana eradication missions.